A solicitor acting for the applicant in judicial separation proceedings must discuss the possibility of mediation and provide the estranged spouse with a list of names and addresses of persons and organizations qualified to provide a mediation service.The solicitors certificate must be filed confirming discussion and failure to file it could result in adjournment. The 1989 Act imposes a similar obligation on the solicitor acting for the respondent.
Mediation provides clients with a method of mutually and efficiently resolving issues in a private, safe, and positive environment. With the help of a skilled mediator, clients reach an agreement co-operatively rather than in a competitive struggle. Unlike the adversarial process, neither party can win at the other's expense. Resolutions must emerge from the mediation that are created and accepted by both parties – resolutions that reflect each parties individual values and unique needs.
Discussions are private and confidential and based on co-operation between the clients; the Mediator shall assist the clients reach consensus on some or all of the following:
Agreements made in face to face negotiations are more likely to satisfy the needs of all parties and be honoured in the future.